If you are considering a divorce, then you may encounter the concepts of contested and uncontested divorce. Whether your divorce is contested or uncontested can have serious implications on the process of ending your marriage. While this article will give a brief overview of these topics, there is no substitute for the advice of an experienced family lawyer.
At the Elliot Green Law Offices, we can answer your questions and represent your personal and financial interests. Mr. Green is a Brooklyn child support attorney who always puts his clients first, and he gives each case the individual attention that it deserves. Call our office today at 718-260-8668 to schedule a consultation.
Until then, here is a brief overview of contested and uncontested divorces in New York:
Contested Divorce
According to NYCourts.gov, you will face a contested divorce if either you or your spouse does not want a divorce. You may also disagree about the grounds for divorce. Also, if you and your spouse cannot agree on child custody, maintenance or asset division, then your divorce qualifies as contested.
In these cases, a judge may have to deliver rulings on the contested issues. You may need to visit the courts on multiple occasions. As a result, contested divorces are usually more expensive than uncontested ones.
If you are facing a contested divorce, then you should hire a family lawyer to represent your interests. Although this may seem like an added expense, a small mistake could threaten your financial security.
Uncontested Divorce
If both you and your spouse wish to have a divorce, and you agree about what will happen to your children, property and finances, then your divorce may qualify as uncontested. You can approach the courts directly and use the free uncontested divorce forms packet, or follow the DIY Uncontested Divorce Program. This DIY program only applies to people who are married for more than six months, have no children under the age of 21, and have no outstanding debts or property issues.
Even if you and your spouse agree on the key issues, it may still be beneficial to consult a lawyer to ensure that you are not at a disadvantage. Your spouse can contact an attorney without your knowledge, and if you choose to represent yourself, then you may be more likely to make a mistake that compromises your financial or personal well-being.
When to Contact a Family Lawyer
You should contact a family attorney as soon as you consider ending your marriage. There are certain steps you can take to safeguard your finances and put yourself in a better position before you break the news to your spouse.
A Brooklyn child support attorney from the Elliot Green Law Offices can guide you through the divorce process. Mr. Green offers free, 30-minute initial consultations, and as your lawyer, he will be your on-call legal counsel. Call our office today at 718-260-8668 to schedule a consultation a family lawyer.